Welcome to Arbitration & Business Cases

Successful commercial arbitration and litigation lawyers must keep current on new developments in their field.

While arbitrators’ awards are typically confidential and unavailable, there is a growing body of court-based jurisprudence about the scope, process and procedures of arbitration, which counsel and arbitrators absolutely need to know about to be effective. There are also many cases on contract interpretation and remedies which are relevant in many commercial arbitrations and litigation.

In this blog, we hope to help commercial arbitration and litigation lawyers stay current by concisely summarizing noteworthy Ontario and other Canadian cases. On some cases, we may add an editorial comment.

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Igor Ellyn,

KC, CS, FCIArb.

iellyn@ellynlaw.com
www.ellynadr.com
416-540-6611 | 416-365-3750

Robin Dodokin,

FCIArb., Q.Arb., LL.M, Q.Med.

robin@dodokinlaw.com
www.dodokinlaw.com
416-300-6515

Kathryn J. Manning

Q.Arb.

kmanning@dmgadvocates.com
www.dmgadvocates.com
416-238-7461

Case #086E – Taseko Mines Limited v. Franco-Nevada Corporation

May 3, 2023

ONTARIO – Arbitration – Standard of Review – The standard of review on an appeal from an arbitral award on a question of law or a mixed question of fact and law is reasonableness. The reasonableness standard is highly deferential to the arbitrator, but the arbitrator is required to decide disputes in accordance with binding precedent and it must reveal that the decision was not based on an irrational chain of analysis.

Case #085E – Baffinland Iron Mines LP v. Tower-EBC G.P./S.E.N.C.

May 2, 2023

ONTARIO – Arbitration – Arbitration Act, 1991, S.O. 1991, c. 17, ss. 45(1) and (2)– Where an arbitration agreement provides that the arbitration “finally settles” all issues, there is no basis for the Court to grant leave to appeal from the arbitral award, even on questions of law.

Case #084M – Van Doorn v. Loopstra Nixon, 2023 ONSC 1782

May 2, 2023

ONTARIO – Arbitration – Court Appointment of Arbitrator – Where the arbitration agreement provides no procedure for appointing the arbitral tribunal, the court has the jurisdiction under section 10(1)(a) of the Arbitrations Act, 1991 to make the appointment. Where there are several qualified candidates, the court’s task is to select the arbitrator that is best qualified by profession or occupation to decide the issues given the issues in dispute and the factual matrix in which they arose. Relative adjudicative experience is often a decisive factor.

Case #083M – Orion Travel Insurance Co. v. CMN Global Inc. 2023 ONSC 1527

May 2, 2023

ONTARIO – Arbitration – Right to Be Heard – Where the parties were afforded equal opportunities to present their cases, and data relied on by an expert was relied on by both parties in their submissions despite not being marked as an exhibit, the right to be heard was satisfied.